1. This platform and these services are the exclusive property of VISIBRAIN, a public limited company with capital of 37,711.20 euros, registered in the Evry Trade and Companies Register under number B 533 569 604, with its registered office at: 9, rue Charles Fourier - 91000 Evry - France E-mail address: contact@visibrain.com Telephone: +33 1 85 08 85 90 Publication Director: Nicolas HUGUENIN.
Preamble
2. VISIBRAIN has concluded contracts and agreements to make the platform available to its clients and partners, enabling them to monitor social networks in real time thanks to numerous filtering and alert functions.
3. Customers and partners have access to use and read the platform for their users.
4. As a user of a customer or partner, you declare :
- you are aware of the conditions under which the platform operates ;
- you have all the technical skills required to access and use the platform normally;
- you have ensured that the necessary technical prerequisites have been met.
Subject
5. The purpose of these general conditions of use is to define for users the conditions of use and access to the platform and services.
Definitions
- Client: the entity that has entered into a contract with VISIBRAIN in order to access the platform and/or the services for which the user is an employee, service provider or agent;
- Access code: means the identifier and password enabling you to access the platform;
- Content: all the information of all kinds made accessible by the services;
- Dedicated interface: interface dedicated to customers with access via the Internet using a connection, identifier and password;
- Partner: the entity that has entered into an agreement with VISIBRAIN in order to access the platform and/or the services for which the user is an employee, service provider or agent;
- Platform: all the services and digital resources that can be accessed in a unique way using access codes;
- Services: all online computer applications made available by VISIBRAIN to customers;
- Sub-topic: a sub-topic is a backup of a set of filters, providing quicker access to an analysis already in progress;
- Topic: a Topic is a monitoring subject, when active it allows you to retrieve data in real time on your subjects;
- User: an individual member of the customer's or partner's staff who has access to the platform. The user can be an administrator or a simple reader.
Documents
6. The contractual documents binding on users are :
Enforceability
7. These general terms and conditions of use are enforceable against you, and are deemed to have been read and applicable, as soon as you accept them when you log on to the platform, and when you use the services for the first time.
8. In general, the policies of all social networks, and in particular those of twitter (https://developer.twitter.com/en/developer-terms), are also applicable to you by virtue of their use.
9. VISIBRAIN reserves the right to make any changes it deems necessary and useful to these general conditions of use.
10. These terms and conditions of use apply throughout the period of use of the platform and SaaS services, and until new general terms and conditions of use replace these terms and conditions.
11. VISIBRAIN will inform you by any means of the new general conditions of use.
12. Any use of the platform after the changes to the general terms and conditions of use implies your acceptance of the new general terms and conditions.
13. The general terms and conditions appearing online on the site take precedence over any printed version of an earlier date.
14. VISIBRAIN provides you with a platform where you can access your company's dedicated areas.
15. This platform offers you a range of services.
16. These services are detailed in the documentation available online.
17. You can only access the platform once you have identified yourself by means of your personal access codes: a login and a password.
18. VISIBRAIN reserves the right, without prior notice or compensation, to temporarily or permanently close the platform or access to one or more services in order to carry out updates, modifications or changes to operational methods, servers and access times, without this list being limitative.
19. VISIBRAIN reserves the right to add to or modify its services and its area at any time in line with technological or regulatory developments.
20. It is your responsibility to ensure that the IT and transmission resources available to you can be adapted to changes in the platform and services offered by VISIBRAIN.
21. In the event of interruption or impossibility of using the platform, you can always contact the VISIBRAIN support service to obtain information.
Access codes
22. The procedure for registering on the platform comprises the following steps. When you register for the first time, you must enter the access codes sent to you by VISIBRAIN.
23. It is your responsibility to ensure that you alone have access to the e-mail containing the said access codes.
24. You must confirm that you have read and accepted the general conditions of use.
25. When you connect to the platform for the first time, you must change the password sent to you and generated by VISIBRAIN to a new password. You can change your password at any time via the platform.
26. Access codes are personal and confidential. You are solely responsible for the preservation and confidentiality of your password and, consequently, for the consequences of its inadvertent disclosure to anyone else.
27. Any use of the platform using the password allocated to the user is presumed to originate exclusively from the user.
28. No operation may be carried out without these access codes.
29. You are obliged to notify VISIBRAIN without delay of any compromise of the confidentiality of your password or any use by a third party of which you are aware.
30. You may disable the functions linked to the use of access codes at any time by renewing your password.
31. From the date of receipt of this notification, VISIBRAIN will remove the password used to access the platform within a reasonable period of time.
32. A new password will then be sent to you by e-mail.
Technical specifications
33. VISIBRAIN endeavours to provide a quality service and to enable users to use the means of communication made available to them under the best possible conditions.
34. Due to the nature and complexity of the Internet network, and in particular its technical performance and response times for consulting, querying or transferring information data, VISIBRAIN makes its best efforts, in accordance with the rules of the art, to allow access to and use of the platform. However, VISIBRAIN cannot guarantee absolute accessibility or availability of the platform enabling access to the service.
35. VISIBRAIN cannot be held responsible for the proper functioning of your computer equipment or your Internet access.
Use
36. The services made available to you are reserved exclusively for professional use.
37. You are solely responsible for assessing :
- the appropriateness of the filtering and alerts you choose ;
- the suitability of the monitoring service for your needs;
- that you have sufficient skills to use the data;
- the appropriateness of using the documentation or analysis tools provided or recommended in connection with the use of the content, where applicable.
38. VISIBRAIN authorises one multi-support connection per person and per connection identifier. Any connection outside your company is strictly forbidden for reasons of confidentiality and data security.
39. You undertake to use the platform only under the conditions defined herein and in addition :
- to use the platform only under the conditions defined by VISIBRAIN and in compliance with the conditions of the social networks and in particular without aiming at data relating to health, finances, politics, ethnicity, religion, sex life or sexual orientation or relating to criminal convictions of persons (non-exhaustive list);
- not to use the platform for any purpose other than brand monitoring and reputation protection;
- not to misuse the platform for personal purposes;
- not to commit any act of counterfeiting;
- to comply with the security procedures and rules set out in the documentation.
40. You undertake not to collect in any way whatsoever information on individuals or users, either manually or by automated means, in particular e-mail addresses, identifiers and first and last names, without their consent, in particular with a view to sending unsolicited prospecting or spam, or chain e-mails.
41. You undertake not to create or use accounts other than the one initially created, either under your own identity or that of a third party, without VISIBRAIN's prior written authorisation. Failure to do so may result in the suspension of your account and all the services associated with it.
42. You are responsible for the use of the platform. You undertake to use the platform in a loyal manner, in compliance with these general conditions, applicable laws and regulations, in particular laws relating to intellectual and industrial property, data processing, files and privacy, and to ensure that you do not harm the interests of VISIBRAIN or those of others.
43. You must be aware that your actions may give rise to personal liability for any infringements (counterfeiting, piracy, etc.) that you may commit or for any damage that you may cause.
Security
44. The platform is an automated data processing system. Any fraudulent access to it is prohibited and punishable by law.
45. VISIBRAIN makes its best efforts, in accordance with best practice, to secure the platform. To this end, VISIBRAIN has put in place a set of systems and mechanisms for storing, backing up and authorising to ensure the security of the data and content to which it has access pursuant to these terms and conditions.
46. However, given the complexity of the Internet, VISIBRAIN cannot guarantee absolute security.
47. You declare that you accept the characteristics and limits of the Internet.
48. You must inform VISIBRAIN of any failure of the platform.
49. As data circulating on the Internet is not necessarily protected, in particular against possible hijacking, you therefore agree to take all appropriate measures to protect your own data and/or software from contamination by possible viruses on the Internet.
Support
50. VISIBRAIN provides users with a support service able to answer any questions they may have regarding the use of its services. This service is accessible by email contact@visibrain.com, telephone +33 1 85 08 85 90, or any other means of communication, during working hours, i.e. from 9am to 5pm.
Responsibility
51. You undertake :
- to comply with the user documentation available on the platform;
- to use the platform and the content to which you have access only under the conditions defined by VISIBRAIN and for the purposes of monitoring your brand and protecting your reputation;
- not to commit any act that may jeopardise the computer security of VISIBRAIN or other users;
- not to interfere with or interrupt the normal operation of the platform;
- to preserve the integrity of the data and not to distort its meaning;
- not to import data that infringes :
- personality rights, the privacy of individuals and/or the rights of individuals to their image and/or the ownership of goods and/or provisions relating to the protection of the personal data of third parties and/or competition law and/or consumer law (in particular unfair commercial practices, advertising and regulated practices, price reduction advertisements);
- the intellectual property rights of third parties;
- to communicate any difficulties so that they can be dealt with as quickly as possible, thereby contributing to the success of the whole;
- to respect the policies of social networks and in particular those of twitter (https://developer.twitter.com/en/developer-terms).
52. You may not hold VISIBRAIN responsible for any delay in the information provided to you.
53. You undertake to indemnify VISIBRAIN, its directors, employees and other agents in the event of any complaint, action, prosecution or conviction by them resulting from your failure to comply with the general conditions.
54. VISIBRAIN will endeavour to carry out the operations for which it is responsible relating to the platform in accordance with good practice.
55. VISIBRAIN cannot be held responsible for the quality of the service, as the service is offered "as is".
56. VISIBRAIN cannot be held responsible for any disruption to the use of the platform.
57. VISIBRAIN cannot be held responsible for the impossibility of using the platform.
58. VISIBRAIN cannot be held responsible for breaches of computer security which may cause damage to users' computer equipment and their data.
59. VISIBRAIN may not be held liable in the event of fraudulent or abusive use or deliberate or involuntary disclosure to anyone of the access codes entrusted to the user.
60. Except in the case of proven fault or negligence on the part of VISIBRAIN, VISIBRAIN may not be held liable for any breach of confidentiality of the user's personal data resulting from the user's access codes being used by a third party.
61. VISIBRAIN may not be held responsible for the user's failure to comply with regulations on the protection of personal data.
62. VISIBRAIN may not be held responsible for any breach of these general conditions by another user.
63. VISIBRAIN may not be held liable in the event of direct or indirect damage resulting from the use of the services by users.
64. VISIBRAIN cannot be held responsible for any infringement of users' rights in general.
65. The client or partner guarantees VISIBRAIN against any action, claim, demand or opposition from any person invoking an intellectual property right, or a right to privacy, a right to one's image, a right to respect for one's personal data or any other right which may have been infringed by the use of the services by the user.
66. Consequently, the customer or partner will be liable for all damages and interest to which VISIBRAIN is condemned as a result of an act of counterfeiting or unfair competition or parasitism, or an infringement of privacy, the right to one's image, or personal data resulting from the use of the services by the user, as soon as the sentence pronouncing them becomes enforceable, as well as the costs of all kinds borne by VISIBRAIN to ensure its defence, including legal costs.
67. The customer or partner will also compensate VISIBRAIN for all the harmful consequences suffered by it as a result of the actions taken against it, in particular indirect prejudice and damage to its image and disturbance of its peaceful enjoyment.
Intellectual property rights
68. The present general terms and conditions do not imply any transfer of any kind of intellectual property rights on the elements belonging to VISIBRAIN for your benefit. VISIBRAIN will retain exclusive ownership of all the elements making up the services and the platform, including interfaces, methods and know-how, documentation or tools of its own used to carry out the contractual services.
69. Any reproduction and/or representation, in whole or in part, of any of these rights, without the express authorisation of VISIBRAIN, is prohibited and constitutes an infringement punishable by articles L. 335-2 et seq. of the French Intellectual Property Code.
70 Consequently, you undertake to refrain from any action likely to infringe, directly or indirectly, VISIBRAIN's intellectual property rights.
71. The content is and remains the property of the data producers concerned, who hold both the copyright and the sui generis right of the database producer.
72. VISIBRAIN grants you, and you accept, a personal, non-exclusive and non-transferable licence to use the Saas services.
73. However, you undertake not to proceed with :
- any representation, dissemination or distribution, whether in return for payment or free of charge, and in particular any networking ;
- any form of use for the purposes of designing, producing, distributing or marketing similar, equivalent or substitute services and similar, equivalent or substitute user documentation;
- adaptation, modification, transformation, arrangement for any reason whatsoever, including to correct errors;
- any use for unauthorised processing;
- any modification or circumvention of the protection code such as, in particular, access codes or identifiers.
74. Mention of the source. You must identify the VISIBRAIN database by reproducing and/or distributing on the reports or documents that you use the following notices in visible characters, in any form whatsoever:
"Source VISIBRAIN" "Update date DD/MM/YYYY".
Confidentiality
75. VISIBRAIN undertakes not to divulge any information and/or documents that have been reported to it as confidential and of which it has become aware during the performance of the services, and to ensure that its staff make the same undertaking.
76. The user undertakes to respect the strictly confidential nature of the methods and procedures employed by VISIBRAIN, as well as any other procedure that VISIBRAIN may have indicated as such in the context of the performance of the Services (in particular the non-publication of data supplied and exported through the services provided by VISIBRAIN).
77. Specifically, the user acknowledges that the methods and procedures used by VISIBRAIN, as well as the results of these methods and procedures, may never be communicated to an establishment, parent company, subsidiary, group company or any other company or legal entity, or any person not belonging to the client or partner.
78. In the event of failure to comply with this provision, the client or partner will automatically owe VISIBRAIN compensation in the form of a penalty clause corresponding to five (5) times the total amount paid to VISIBRAIN in respect of all the Proposals affected by the said failure. This compensation will be paid at VISIBRAIN's written request, without prejudice to any damages that VISIBRAIN may be entitled to claim as compensation for its loss.
79. Confidentiality does not apply to information which is or becomes publicly available without the parties having breached the above confidentiality undertakings, such as the Information retrieved by VISIBRAIN at the request of the user, which is by nature public.
Personal data
90. Visibrain undertakes, in its capacity as data controller, to comply with the legislation applicable in France and in the territory of the European Union with regard to the protection of Personal Data in connection with the Processing carried out in the context of the use of the platform.
81. In this respect, Visibrain undertakes to comply with the obligations set out in the data protection policy accessible at the foot of the visibrain.com site.
Cookies
82. Browsing the platform may require cookies to be installed on the user's computer. A cookie is a file which records information on the computer relating to navigation on the site, in particular to improve the service or to collect data on site traffic statistics.
83. All the information concerning cookies that may be deposited when the platform is used is detailed in Visibrain's cookie policy, which can be accessed on its website at the following address: https://www.visibrain.com/fr/cookies/ and in the footer of each page of its visibrain.com site.
Evidence agreement
84. Acceptance of the general terms and conditions by electronic means has the same evidential value between the parties as agreement on paper.
Traceability
85. In order to ensure the smooth operation of its services, VISIBRAIN keeps a record of users' and readers' connections to the platform and services.
86. In addition, VISIBRAIN may track the browsing of users and readers within the platform using cookies.
87. In this respect, you declare that you accept the possibility that VISIBRAIN may use cookies or any other similar technique to track the browsing habits of users and readers.
Good faith
88. The parties agree to perform their obligations in complete good faith.
Nullity
89. If one or more of the stipulations of this contract are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.
Applicable law and jurisdiction
90. This contract is governed by French law. This applies to both substantive and formal rules, notwithstanding the place of performance of substantial or ancillary obligations.
91.IN THE EVENT OF A DISPUTE, JURISDICTION IS EXPRESSLY ASSIGNED TO THE COURTS WITHIN THE JURISDICTION OF THE COURT OF APPEAL OF PARIS, NOTWITHSTANDING PLURALITY OF DEFENDANTS OR THE INTRODUCTION OF THIRD PARTIES, EVEN FOR EMERGENCY PROCEEDINGS OR FOR PROTECTIVE PROCEEDINGS, WHETHER IN CHAMBERS OR ON APPEAL.
T&Cs updated on 18 03 2021
